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HomeMy WebLinkAbout0658 Sewer Connection Fees 658CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 65,8 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, PROVIDING FOR SEWER CONNECTION FEES IN THOSE AREAS OF BANNOCK COUNTY LYING WITHIN THE CHUBBUCK AREA OF CITY IMPACT; PROVIDING FOR WHEN THOSE FEES ARE APPLICABLE TO LANDS ANNEXED TO THE CITY OF CHUBBUCK; PROVIDING FOR THE APPLICABILITY OF THOSE FEES TO NEW CONSTRUCTION; PROVIDING FOR A REDUCED FEE FOR EXISTING DEVELOPMENT; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: The City of Chubbuck, along with the City of Pocatello and Bannock County, have determined there is an immediate and pressing need, due to concerns about contamination of the ground water aquifer that serves the source for the potable water for Chubbuck, Pocatello and Bannock County, to provide a means to collect sewage generated within the Chubbuck Area of City Impact ("Service Area") and deliver it for treatment to the sewage treatment facility owned and operated by the City of Pocatello. 2. The Service Area is defined in Chapter 17.22 of the Chubbuck Municipal Code and in Bannock County Ordinance 1998-5, as revised from time to time by the annexation of certain portions of said area into the City of Chubbuck. To alleviate and provide a means of addressing the concerns set forth in paragraph 1, the City of Chubbuck, the City of Pocatello and Bannock County executed a Joint Powers Agreement ("Agreement") which formed the Chubbuck Impact Area Wastewater Collection Authority ("Authority"). 4. The Authority reviewed a study and report prepared by JUB Engineers, Inc. ("JUB") which made recommendations for a Sewer Collection System ("System") in the Service Area. 5. Chubbuck has obtained a loan from the Idaho Department of Environmental Quality to fund the design of the first phase of the System in the Service Area. 6. To provide funding for the design and construction of the System, JUB Ordinance - Page 1 chubbuck052208nctysewerord (3).wpd n recommended part of the funding be provided through a connection fee collected from all new development within the Service Area as well as from existing development that seeks to utilize the System. 7. While any connection fee would generally be collected by Bannock County, properties lying within the Service Area that are annexed into Chubbuck in the future will also be assessed the fee. 8. Any wastewater collected by the System would be treated at the Wastewater Treatment Plant owned and operated by the City of Pocatello. 9. The City of Pocatello has implemented a plant capacity fee that would also need to be collected from any new developments and from existing development hooking into the System. 10. At its March 27, 2008 meeting, the Authority approved assessment of a connection fee of $5,229 per building permit for 2008, in addition to the Pocatello plant capacity fee. A discount of fifty per cent (50%) from the connection fee (but not the plant capacity fee) was approved for any existing residence that connects to the System when it is available. 11. Adjustments to the connection fee will be made from time to time by the Authority to account for increases in cost. 12. The Agreement provides in paragraph 5.2.5 (5) that the governmental entities will provide by ordinance for the collection of the fees established by the Authority. 13. Chubbuck by this Ordinance does provide for the collection of the fees established by the Authority. 14. The connection fee collected hereunder shall be remitted to the Treasurer of the Authority. Based upon the forgoing, it is hereby ordained by the Mayor and City Council of Chubbuck as follows: Section 1. The following section 13.04.023 of the Chubbuck Municipal Code is hereby adopted: Ordinance - Page 2 chubbuck052208nctysewerord (3) wpd /"N 13.04.023 Sewer Connection Fee - Impact Area: Effective July 1, 2008, a sewer connection fee of $5,229 shall be charged for each building permit issued for construction out side of the Chubbuck City limits but within the area of Chubbuck City Impact as defined in section 17.22.020 of this Code. This fee shall be charged for any building permit issued after July 1, 2008 for construction in an area that was not within the Chubbuck City limits as of July 1, 2008, but excluding those areas for which a master plan had been approved and portions of the area within the approved master plan had been annexed prior to July 1, specifically Brookstone Estates, and the Grove subdivision. In addition to the connection fee, other charges or fees assessed shall be collected including the plant capacity fee assessed by the City of Pocatello for new hook ups that discharge to the Pocatello Wastewater Treatment Facility. Future modifications to the connection fee set herein shall be adopted by resolution of the City Council after being recommended by the Chubbuck Impact Area Wastewater Collection Authority. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 26THday of AUGUST , 2008. ATTES Ron Conlin, CITY CLERK Ordinance - Page 3 chubbuck052208nctysewerord (3).wpd LAW OFFICES - JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 LAMONT JONES POCATELLO, IDAHO 83204-0967 TELEPHONE: (208) 232-5911 JACK H. ROBISON FAX: (208) 232-5962 THOMAS J. HOLMES E-MAIL: tholmesid@aol.com MR. HOLMES' TELEPHONE EXTENSION: 103 September 17, 2008 Ron Conlin City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Ron:. Thank you for pointing out our failure to comply with the public notice provision on the impact fee adopted by Ordinance No. 658. Could you go ahead and put that on the public hearing agenda, do the publication and then we can have the hearing. I would anticipate after the hearing that we would simply have the Council affirmatively approve the imposition of the fee as adopted by Ordinance No. 658. Sincerely, Tho J. Holmes TJH/ah chubbuck091708.12. wpd cc Steve Smart LAW OFFICES - JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 LAMONT JONES POCATELLO, IDAHO 83204-0967 TELEPHONE: (208) 232-5911 JACK H. ROBISON FAX: (208) 232-5962 THOMAS J. HOLMES E-MAIL: tholmesid@aol.com MR. HOLMES' TELEPHONE EXTENSION: 103 September 17, 2008 Zach Parris Bannock County POBox P Pocatello, ID 83205 Re: Chubbuck Impact Area Connection Fee Dear Zach: My City Clerk pointed out that we had not complied with Idaho Code §63-1311A which requires a public hearing for imposition of a new fee. Although we've both passed the connection fee ordinances, I believe we need this public hearing and a ratification probably simply by a motion affirmatively passed by both the Bannock County Commissioners and by the Chubbuck City Council. If you could implement this on your end, I'd greatly appreciate it. We'll implement it on our end. Since , T mas J. Holmes TJH/ah chubbuck091708.l l . wpd cc Steve Smart Ron Conlin